Gondogdu v. King Mai, Inc. (2009) 171 Cal.App.4th 310
King Mai, our client, was the developer of a new home purchased by the plaintiffs in March 1997. We represented the developer in a construction defects suit. The owners alleged damages from work during construction of the building. Notwithstanding was the fact that the builder owned the property for almost a year and a half from the time the construction was complete until the owners purchased it. We obtained summary judgment in favor of our client which was then challenged in the appellate process.
In a published opinion, the First District, Court of Appeal affirmed the trial court's order granting summary judgment in favor of King Mai. The basis was the application of the 10-year statute of repose set forth in Code Civ. Proc. §337.15. Although developers still face a 10-year period of risk for construction defect claims, the positive holding in King Main provides some comfort.